Indemnification Regarding Agents. The Trading Partner shall indemnify, defend and hold harmless DMH from any and all claims, actions, damages, liabilities, costs and expenses, specifically including, without limitation, reasonable attorney’s fees and costs resulting from the acts or omissions of the Trading Partner, its Agents, employees, subcontractors in the performance of the underlying contract; provided however, that DMH shall have the option, at its sole discretion, to employ attorneys selected by it to defend any such action, the costs and expenses of which shall be the responsibility of the Trading Partner. DMH for its part shall provide the Trading Partner with timely notice of the existence of such proceedings and such information, documents and other cooperation as reasonably necessary to assist the Trading Partner in establishing a defense to such action.
Appears in 2 contracts
Samples: Business Associate Agreement, Electronic Data Transmission Trading Partner Exhibit
Indemnification Regarding Agents. The Trading Partner shall must indemnify, defend and hold harmless DMH from any and all claims, actions, damages, liabilities, costs and expenses, specifically including, without limitation, reasonable attorney’s fees and costs resulting from the acts or omissions of the Trading Partner, its Agents, employees, subcontractors in the performance of the underlying contract; provided however, that DMH shall will have the option, at its sole discretion, to employ attorneys selected by it to defend any such action, the costs and expenses of which shall will be the responsibility of the Trading Partner. DMH for its part shall must provide the Trading Partner with timely notice of the existence of such proceedings and such information, documents and other cooperation as reasonably necessary to assist the Trading Partner in establishing a defense to such action.
Appears in 1 contract
Samples: Electronic Data Transmission Trading Partner Attachment